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Serious Crime Act 2015

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Serious Crime Act 2015. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Overview

  3. Territorial Extent

    1. Part 1: Proceeds of Crime

      1. Summary and Background

      2. Commentary on Sections

        1. Chapter 1: England and Wales

          1. Confiscation: assets held by defendant and other

            1. Section 1: Determination of extent of defendant’s interest in property

            2. Section 2: Provision of information

            3. Section 3: Appeals

            4. Section 4: Enforcement receivers

          2. Confiscation: other amendments

            1. Section 5: Time for payment

            2. Section 6: Confiscation and victim surcharge orders

            3. Section 7: Orders for securing compliance with confiscation order

            4. Section 8: Variation or discharge

            5. Section 9: Absconding defendants

            6. Section 10: Default sentences

            7. Section 11: Conditions for exercise of restraint order powers

            8. Section 12: Continuation of restraint order after quashed conviction

            9. Section 13: Conditions for exercise of search and seizure powers

            10. Section 14: Seized money etc

        2. Chapter 2: Scotland

          1. Confiscation

            1. Section 15: Restitution order and victim surcharge

            2. Section 16: Orders for securing compliance with confiscation order

            3. Section 17: Compliance orders: appeals by prosecutor

            4. Section 18: Accused persons unlawfully at large

            5. Section 19: Enforcement of confiscation orders

            6. Section 20: Conditions for exercise of restraint order powers

            7. Section 21: Continuation of restraint order after quashed conviction

            8. Section 22: Conditions for exercise of search and seizure powers

          2. Civil recovery

            1. Section 23: Prohibitory property orders: PPO receivers

        3. Chapter 3: Northern Ireland

          1. Sections 24 to 27: Confiscation: assets held by defendant and other

          2. Section 28: Time for payment

          3. Section 29: Orders for securing compliance with confiscation order

          4. Section 30: Variation and discharge

          5. Section 31: Absconding defendants

          6. Section 32: Default sentences

          7. Section 33: Conditions for exercise of restraint order powers

          8. Section 34: Continuation of restraint order after quashed conviction

          9. Section 35: Conditions for exercise of search and seizure powers

          10. Section 36: Seized money

        4. Chapter 4: Investigations and co-operation etc

          1. Section 37: Exemption from civil liability for money-laundering disclosures

          2. Section 38: Confiscation investigations

          3. Section 39: External orders and investigations: meaning of “obtaining property”

          4. Section 40: Confiscation orders by magistrates’ courts

    2. Part 2: Computer Misuse

      1. Summary and Background

      2. Commentary on Sections

        1. Section 41: Unauthorised acts causing, or creating risk of, serious damage

        2. Section 42: Obtaining articles for purposes relating to computer misuse

        3. Section 43: Territorial scope of computer misuse offence

        4. Section 44: Savings

    3. Part 3: Organised, Serious and Gang-Related Crime

      1. Summary and Background

        1. Organised crime groups

        2. Serious crime prevention orders

        3. Gang injunctions

      2. Commentary on Sections

        1. Section 45: Offence of participating in activities of organised crime group

        2. Section 46 and Schedule 1: Extension of Part 1 of Serious Crime Act 2007 to Scotland

        3. Section 47: Serious crime prevention orders: meaning of “serious offence”

        4. Section 48: Powers of Crown Court to replace orders on breach

        5. Section 49: Extension of order where person charged

        6. Section 50: Serious crime prevention orders and financial reporting etc

        7. Section 51: Injunctions to prevent gang-related violence and drug-dealing activity

    4. Part 4: Seizure and Forfeiture of Drug-Cutting Agents

      1. Background

      2. Commentary on Sections

        1. Section 52: Application for search and seizure warrants

        2. Section 53: Further provisions about search and seizure warrants

        3. Section 54: Execution of search and seizure warrants

        4. Schedule 2: Execution of search and seizure warrants

        5. Section 55: Seizure of substances under search and seizure warrant

        6. Section 56: Seizure of substances without search and seizure warrant

        7. Section 57: Notice to be given when substances seized

        8. Section 58: Containers

        9. Section 59: Initial retention of seized substances

        10. Section 60: Continued retention or return of seized substances

        11. Section 61: Forfeiture and disposal, or return, of seized substances

        12. Section 62: Appeal against decision under section 61

        13. Section 63: Return of substance to person entitled to it, or disposal if return impracticable

        14. Section 64: Compensation

        15. Section 65: Interpretation

    5. Part 5: Protection of Children and Others

      1. Background

      2. Commentary on Sections

        1. Section 66: Child cruelty offence

        2. Section 67: Sexual communication with a child

        3. Section 68: Child sexual exploitation

        4. Section 69 and Schedule 3: Possession of paedophile manual

        5. Section 70: Offence of female genital mutilation: extra-territorial acts

        6. Section 71: Anonymity for victims of female genital mutilation

        7. Section 72: Offence of failing to protect girl from risk of genital mutilation

        8. Section 73: Female genital mutilation protection orders

        9. Section 74: Duty to notify police of female genital mutilation

        10. Section 75: Guidance about female genital mutilation

        11. Section 76: Controlling or coercive behaviour in an intimate or family relationship

        12. Section 77; Guidance about investigation of offences under section 76

    6. Part 6: Miscellaneous and General

      1. Commentary on Sections

        1. Section 78: Knives and offensive weapons in prison

        2. Section 79: Throwing articles into prisons

        3. Section 80: Prevention or restriction of use of communication devices by prisoners etc

        4. Section 81: Preparation or training abroad for terrorism

        5. Section 82: Approval of draft decisions under Article 352 of TFEU relating to serious crime

        6. Section 83: Codes of practice about investigatory powers: journalistic sources

        7. Section 84: Termination of pregnancy on grounds of sex of foetus

        8. Section 85: Minor and consequential amendments

        9. Schedule 4: Minor and consequential amendments

        10. Section 86: Transitional and saving provisions

        11. Section 87: Extent

        12. Section 88: Commencement

  4. Commencement

  5. Hansard References

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

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